[Congressional Record Volume 145, Number 52 (Thursday, April 15, 1999)]
[Senate]
[Page S3819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AUTHORIZING REPRESENTATION OF MEMBERS AND OFFICERS OF THE SENATE

  Mr. COVERDELL. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of Senate resolution 78 
submitted earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 78) to authorize representation of 
     Members and officers of the Senate in the case of Jim Russell 
     v. Albert Gore, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a civil action 
commenced by a pro se plaintiff in Yakima County Superior Court, Yakima 
County, Washington, against Vice President Albert Gore, as President of 
the Senate, and Senators Gorton and Murray. The complaint attacks the 
validity of federal tax laws essentially by challenging the validity of 
all legislation enacted subsequent to the Seventeenth Amendment, on the 
basis that the Constitution prohibits the direct election of Senators 
provided for by the amendment.
  This action is subject to removal from state court to the United 
States District Court for the Eastern District of Washington. This 
resolution authorizes the Senate Legal Counsel to represent the Senate 
defendants in this suit to move for its removal to federal court, and 
then to seek its dismissal for failure to state a claim for relief.
  Mr. COVERDELL. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, and the motion to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 78) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 78

       Whereas, in the case of Jim Russell v. Albert Gore, et al., 
     Case No. 99-2-00749-1, pending in Yakima County Superior 
     Court, Yakima County, Washington, the plaintiff has named as 
     defendants Vice President Albert Gore, Senator Slade Gorton, 
     and Senator Patty Murray;
       Whereas, pursuant to section 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     Members and officers of the Senate in civil actions relating 
     to their official responsibilities: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent Vice President Gore, Senator Gorton, and Senator 
     Murray in the case of Jim Russell v. Albert Gore, et al.

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